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Basile [38]
3 years ago
11

Explain the difference between judicial restraint and Judicial activism

History
1 answer:
tigry1 [53]3 years ago
3 0

A majority opinion explains the reasoning behind the Court's ruling, while a dissenting opinion explains a disagreement with the Court’s ruling.

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Diverse Native American religions and cultures existed before and after the arrival of European colonialists. In the 16th to 17th centuries, Spanish conquistadores and French fur traders were generally more violent to Native Americans than were the Spanish and French missionaries, although few Native Americans trusted any European group. The majority of early colonists did not recognize the deep culture and traditions of Native peoples, nor did they acknowledge the tribes' land rights. The colonists sought to convert the Native people in the New World and strip them of their land.

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Religious and cultural difference was part of the landscape of America long before the period of European colonization. The indigenous peoples of this land Europeans called the “New World” were separated by language, landscape, cultural myths, and ritual practices. Some neighboring groups, such as the Hurons and the Iroquois, were entrenched in rivalry. Others, such as the nations that later formed the Iroquois League, developed sophisticated forms of government that enabled them to live harmoniously despite tribal differences. Some were nomads; others settled into highly developed agricultural civilizations. Along the Ohio and Mississippi rivers, ancient communities of Native peoples developed ceremonial centers, and in the Southwest, cliff-dwelling cultures developed complex settlements.

When Europeans first occupied the Americas, most did not even consider that the peoples they encountered had cultural and religious traditions that were different from their own; in fact, most believed indigenous communities had no culture or religion at all. As the “Age of Discovery” unfolded, Spanish and French Catholics were the first to infiltrate Native lands, beginning in the 16th century. Profit-minded Spanish conquistadores and French fur traders competed for land and wealth, while Spanish and French missionaries competed for the “saving of souls.” By the mid-century, the Spanish had established Catholic missions in present-day Florida and New Mexico and the French were steadily occupying the Great Lakes region, Upstate New York, Eastern Canada and, later, Louisiana and the Mississippi Delta.

Many of the European missionaries who energetically sought to spread Christianity to Native peoples were motivated by a sense of mission, seeking to bring the Gospel to those who had never had a chance to hear it, thereby offering an opportunity to be “saved.” In the context of the often brutal treatment of Native peoples by early Spanish conquistadores, many missionaries saw themselves as siding compassionately and protectively with the indigenous peoples. In 1537, Pope Paul III declared that Indians were not beasts to be killed or enslaved but human beings with souls capable of salvation. At the time, this was understood to be an enlightened view of indigenous people, one that well-meaning missionaries sought to encourage.

Letters from missionaries who lived among indigenous tribes give us a sense of the concerns many held for the welfare of tribal peoples. A letter by Franciscan friar Juan de Escalona criticizes the “outrages against the Indians” committed by a Spanish governor of what is now New Mexico. The governor’s cruelty toward the people, de Escalona wrote, made preaching the Gospel impossible; the Indians rightly despised any message of hope from those who would plunder their corn, steal their blankets, and leave them to starve. The writings of Jean de Brebuf, a French Jesuit missionary who lived and worked among the Hurons for two years without securing a single convert, reveal the powerful force of religious devotion that compelled missionaries to leave their homes for unknown lands and difficult lives in North America.

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Elias Boudinot , the treaty signed on December 29, 1835
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